KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, April 3, 2008, in the County Commissioners’ Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: Elizabeth H. Morris, Chairman; William S. Sutton; Patricia Langenfelder; Rev. Ruben Freeman; F. Joseph Hickman; Jay P. Lancaster; Marcy Brown; Gail W. Owings, Planning Director; Carla Gerber, Community Planner; Amy Moredock, Environmental Planner; Mitch Mowell, Planning Commission Attorney and Kim Dixon, Secretary.

Review of the Bylaws

The Planning Commission postponed the review of the Bylaws until the May 2008 meeting.

MINUTES 

The Minutes of the March 6, 2008, meeting were approved with minor corrections.

Chairman Morris announced that Sassafras Holding Company and Langford Bay Associates project had been removed from this agenda at the applicant’s request.

APPLICATIONS FOR REVIEW

County Commissioners – Worton Water Treatment Plant Upgrade – The Kent County Commissioners request preliminary and final site plan approval for an upgrade to the existing Worton Water Treatment Plant.  The proposed upgrade will entail the construction of an additional building which will be approximately 1,300 square feet and an approximately 1,600 square foot underground backwash tank.  The site is currently characterized by two existing buildings.  The facility is located on a 0.75 acre parcel on Worton Road / Route 297 in the Third Election District and is zoned Village.  This site is surrounded by commercial and residential development and Worton Park.

Amy Moredock presented the staff report which includes the applicable law Article V, Section 7.5 which establishes permitted pubic uses, buildings and utilities; Article V, Section 7.7B which establishes the design standards; and Article VI, Section 5.3.B which establishes the procedures and review standards for major site plans.

Staff recommends approval.  The proposal is consistent with the Comprehensive Plan’s goals to promote bio-retention / rain gardens, to address adequate water in designated growth areas, and to implement the Water and Sewerage Plan.  The Worton and Butlertown Village Master Plan recommended Draft anticipated upgrades to the water treatment plant in its Community Facility Infrastructure Needs Assessment and the 2005 Supplemental Report.  The need for a water treatment plant upgrade was also identified in the 2001 Water and Wastewater Study.  The proposal does not encroach into wetlands, buffers or forested areas on site.  Any proposed lighting should be dark sky compatible.  Provision for parking and loading appears to be adequate.  The proposal will not place unreasonable demands on infrastructure.  Stormwater review addresses water quality and exceeds redevelopment standards.  The final sediment control plan must be approved by Kent Soil and Water Conservation District.  The Kent County Department of Water and Wastewater, The Kent County Health Department and the State Highway Administration have approved this plan.  The upgrade is a permitted use in the Village District which is subject to site plan review.

There was no correspondence in this matter.

Present and duly sworn were Wayne Morris, Director of Water and Wastewater and Barry Ebersol of McCrone, Inc.

Mr. Morris stated that this building will be a mirror image of the existing building on site. It will allow for growth and will provide a back up to the existing system.  He said the new building will be constructed of metal and will have the same architectural features of the existing building. 

Ms. Brown asked the size of the current buildings.  Mr. Ebersol stated that a combination of the block and metal building total 4382 square feet.  Mr. Morris said the new building will be 1304 square feet and will house duplicate equipment to the current equipment. 

Ms. Morris asked if the underground tank would be completely underground.  Mr. Ebersol said yes.

Reverend Freeman asked if the buildings are equipped with an alarm in case of a chlorine leak.  Mr. Morris stated that the alarm goes directly to the Superintendent, the office and to the on-call worker.  Reverend Freeman asked if there was a potential for a leak that would require evacuation of the area.  Mr. Morris said no, this is liquid chlorine and is not as hazardous as the powdered form. 

Chairman Morris asked for comments from the audience.

Present and duly sworn was John Nunn.  Mr. Nunn asked the Planning Commission members to use the same standards for approval or denial that apply to all applications.  He asked the Board to keep the Village Design Standards in mind while reviewing this application.  He stated that according to the Ordinance this building should be constructed of wood or brick not metal.  He said this is a sensitive location at the crossroads of the village and asked that some thought be put into the building design and not just build a metal storage building.  He said the proposed design is not the kind of building that should be constructed in a residential area.  He asked what type of landscaping is proposed.

Ms. Owings stated 15% landscaping would be required unless the Planning Commission waived it or the site does not require landscaping.  Mr. Morris stated that they will comply with any requirements regarding the landscaping.  Mr. Ebersol stated that the official landscaping plan has not been completed; however the intention is to place taller trees closer to the building and lower ones toward the road.  Ms. Brown stated that she has concerns about the landscaping because the building looks like utilitarian and needs to be softened with landscaping.  Mr. Ebersol stated that the landscaping is to block the view of the building while traveling up and down Route 297.  Mr. Morris stated that the landscaping would enhance the building more than hide it.

Ms. Brown asked when they would like to begin this project.  Mr. Morris stated that they would like to begin by June of this year.  He said the current funding is time-sensitive and the project must begin by Fall of 2008.

Mr. Lancaster stated that this applicant must comply with all the regulations that are required by other applicants.  Ms. Langenfelder stated that the location she feels the building merits attention to detail.  Mr. Sutton stated that the Planning Commission, when reviewing a local government project, needs to provide comments and a level of review which is consistent with other applicants. 

Ms. Brown asked if this building would be constructed twenty feet from the road, and Mr. Ebersol confirmed that setback. Mr. Lancaster asked why the building requires twenty-foot ceilings.  Mr. Ebersol stated that the equipment housed in the building dictates the required height.  Mr. Hickman said the Planning Commission does not grant final approval without elevations and landscaping plans.   Ms. Owings stated that the Planning Commission could grant preliminary and ask the applicant to furnish that information at final review. 

Mr. Morris asked for some guidance as to what the Planning Commission would like to see in the design of the new building.  Ms. Brown requested that a landscaping plan be provided and should soften the look of the industrial building.  Ms. Langenfelder stated that, while she understands that tax dollars are an issue, the new building should have a façade which enhances the existing structure and the neighborhood. Ms. Brown said the County should set an example of good planning.  Mr. Sutton agreed. 

After a discussion, Ms. Brown made a motion to grant preliminary approval for the Worton Water Treatment Plant Upgrade citing:

o        A landscaping plan must be provided for final approval.  This plan should include landscaping throughout the site.

o        Façade details must be provided for further review. The new building needs more architectural features to break up the mass of the existing building.

o        There will be no unreasonable demands on infrastructure.

o        Stormwater and sediment must be approved by the Kent Soil Conservation District.

o        It may be beneficial to move the new building ten feet to the north.

o        This project is consistent with the Comprehensive Plan.

o        This project does not encroach on wetlands.

o        Lighting should be dark sky compatible.

o        Parking on site is adequate.

o        The Department of Water and Wastewater, Health Department and State Highway Administration have approved this plan.

o        This project is a permitted use in the Village District.

The motion was seconded and approved unanimously.

Choptank Electric – Lands of Huff and Frank – Major Subdivision – Final Review – Choptank Electric is requesting final approval of a major subdivision for a proposed 5.77 acre lot off Tract 3 of the farm owned by Marcia Frank and Carol Ann Huff located on Fox Hole Road in the First Election District.  The proposed lot is for the construction of a new electric substation Choptank is developing to serve the long-term needs of the residents in the Sassafras area.  The surrounding area is characterized by residential uses to the west and farmland to the east. 

Carla Gerber presented the staff report noting the applicable law including Article V, Section 1.5 which establishes the area, density and width requirements for development in AZD; Article V, Section 1.7 which sets forth environmental standards for the Agricultural Zoning District; Article VI, Section 6.3.B.15 which directs the Planning Commission to prepare findings of fact concerning the reasonable fulfillment of the objectives. 

Staff noted that a Forest Conservation Plan has been submitted.  Choptank is proposing to place 2.5 acres into a forest conservation easement.  The afforestation area is separated into three bands of trees and shrubs that are progressively taller as you move away from the overhead electric line.  At maturity, the outside band will be a mixture of hardwood and evergreen trees with a height greater than 45 feet.  Even though the inner band of understory and shrubs may not meet the technical definition of forest, the other two bands exceed the requirement for forest conservation.  Other landscaping and screening will be provided along MD 290.  Stormwater management and sediment control plans have been approved. The subdivision complies with the general intent of the Ordinance.  Access is being coordinated with the State Highway Administration and will be a simple driveway.  The applicant has attempted to integrate the proposed lot with the surrounding area.  Open space was addressed by paying a fee-in-lieu.

Staff recommends granting final approval contingent upon submission of letters of credit and approval of the deed restrictions.

There was no correspondence in this matter.

Present and duly sworn were Steve Lee, Century Engineering, and Todd Byerly, Choptank Electric. 

Mr. Lee stated that the site is 0.13 acres larger than originally submitted.  This change accommodates the landscaping plan and the stormwater management plan.

There were no comments from the audience.

Ms. Brown asked if the size of the trees to be planted would be whips.  Mr. Lee stated that they would be whips only around the existing tree line; the landscaping would be composed of larger trees. 

After a discussion, Ms. Brown made a motion to grant final approval for the Major Subdivision citing:

o        The Forest Conservation Plan is adequate.

o        The proposal is consistent with the Comprehensive Plan to bring utilities to the citizens.

o        The proposal complies with all County, Federal and State requirements.

o        The site allows for safe vehicular and pedestrian traffic.

o        There will be little demand on infrastructure.

o        There will be no sewer and refuse disposal.

o        The Forest Conservation Plan creates protection for ground water and minimizes soil erosion after construction.

o        Very little vegetation will be removed.

o        The applicant has done a good job integrating the site into existing hedge and located the site in an area where electrical equipment exists.

o        Letters of credit are needed.

o        Deed restrictions must be recorded.

The motion was seconded and approved unanimously.

Choptank Electric – Final Site Plan – Choptank Electric is requesting final site plan approval to construct an electrical substation on a proposed 5.77 acre lot located off MD 290 in the First Election District.  The surrounding area is characterized by residential uses to the west and farmland to the east.  The proposed substation is intended to supply long-term service to the area and will be built in phases over the next 30-40 years.  The area utilized for the substation will encompass a 1.6 acre fenced area.  Phase 1 will include all site work and the construction of one A-frame breaker system (52’ tall) , one 13’ x 10’ transformer pad, two 12’ x 12’ bus cabinets (6’ tall), two 12’ x 12’ feeder breaker cabinets (6’ tall), and one 12’ x 8’ control shed (10’tall).

Carla Gerber presented the staff report noting Applicable Law Article VI, Section 5.3.B which contains a list of objectives for the Planning Commission to consider when reviewing site plans.

Staff noted that there are no environmentally sensitive features on this property.  The site will have access from an existing public road and will include a crusher run drive around the inside perimeter of the fenced compound.  Landscaping and/or afforestation will be provided on all sides and will include a variety of plants.  The existing hedgerow will remain and be enhanced as shown on the forest conservation plan.  Once constructed, the site will only require monthly inspections and so no on-site facilities are necessary.  Sediment control and stormwater management plans have been approved.  Stormwater management will utilize natural drainage and will not require any type of structure or impoundment.

Staff recommends granting final approval contingent upon submission of letters of credit.

Present and duly sworn was Steve Lee, Century Engineering, and Todd Byerly, Choptank Electric.

There was no correspondence in this matter.

Ms. Brown asked when the project would begin.  Mr. Byerly stated that it will begin in January of 2009.

There were no audience comments.

After a brief discussion, Ms. Brown made a motion to grant final site plan approval citing:

o        This project is consistent with the Comprehensive Plan.

o        This project complies with all State, County and Federal regulations.

o        This project will enhance electrical infrastructure within the County.

o        Approval is contingent upon letters of credit.

The motion was seconded and approved unanimously.

Rumit H. Dusia – Preliminary Site Plan – Rumit H. Dusia requests preliminary review for a proposed 2,400 square foot one story convenience store with a fuel facility on his property at the intersection of Route 20 and Route 21 on the site of the former Dieker’s Store / Caulks Field Café.  The existing building will be demolished and a new 40’ x 60’ convenience store will be constructed approximately 50 feet from Route 20.  Parking and the pump island are located behind the store.  A 24’ x 30’ canopy will cover the pump island.  The area between the building and the roads will be landscaped.  Two entrances are proposed – one from Route 21, the other from Route 20.  Thirteen spaces and a bike rack are proposed. A dumpster is located on the Route 21 side of the building.  The building will be served by private well and septic system.  The 1.508 acre property is zoned Crossroads Commercial and is surrounded by agricultural land.  Route 20 is a National Scenic Byway and the property is located in the Stories of the Chesapeake Heritage Area. 

Ms. Owings presented the staff report noting applicable law including the Kent County Land Use Ordinance Article V, Section 10.2 which lists permitted uses in the Crossroads Commercial District; Article V, Section 10.5 which sets forth height, width and yard requirements; Article V, Section 10 which sets forth the design and environmental standards; Article VI, Section 1 which establishes the parking standards for retail stores at one space for every 200 square feet of gross floor area; and Article VI, Section 5 which establishes the site plan procedures and requirements.

Staff noted that the proposal redevelops a site that has been used for commercial purposes for over 50 years, well before the first zoning ordinance in Kent County.  It is consistent with the Comprehensive Plan and the Kent County Land Use Ordinance.  The proposal must meet the requirements of the Kent County Health Department and the State Highway Administration.  Staff and TAC believe that two entrances arranged as proposed contribute to traffic safety and the overall circulation of the area.  The site is arranged for convenient and safe movement for pedestrians and vehicles on the site.  The site plan complies with the parking and loading requirements. The highways should be able to handle the traffic generated by the site.  Sediment, stormwater and water quality plans must be approved prior to final site plan approval.  The Kent County Health Department must review and approve the plans.  Screening or planting of trees is necessary to delineate the adjacent property lines and soften the view of the site from adjacent properties.  Trees will not be removed.  Landscaping is proposed.  A forest conservation plan will be required.  The proposal complies with the building setback lines. 

Staff recommends preliminary approval contingent upon the completion of a forest conservation plan.  The following must be completed prior to granting final approval:  The Kent Soil and Water Conservation District must approve stormwater management and sediment control plans.  Final Forest Conservation Plan must be submitted for approval by staff and the Planning Commission.  Front, side and rear elevations of the building and canopy design are submitted and approved by the Planning Commission.  The County Commissioners must accept sureties for all required infrastructure including sediment control, stormwater management and landscaping / forest conservation. 

There was no correspondence in this matter.

Present and duly sworn was William Thomas Davis, Jr., DMS & Associates.

Mr. Davis testified he is working with the State Highway Administration regarding drainage on Route 20 and Route 21.  He said this will be a 2,400 square foot convenience store with gas pumps.  He feels that the proposal will improve safety at the site.  He stated the issues raised by staff will be addressed at final review.

Ms. Langenfelder asked if the utility poles at the front of the property will be removed as shown on the elevations.  Mr. Davis said no it would be too costly to have them buried.   Ms. Owings asked if they could be moved behind the building.  Mr. Davis said he did not know, but he will look into the matter.  Ms. Langenfelder asked if some of the existing impervious surface was going to be removed from the site and returned to grass.  Mr. Davis replied yes.  Ms. Brown asked if the existing propane tank was staying on the site.  Mr. Davis said he is not sure.  Mr. Davis advised the Planning Commission that the State Highway Administration has given conditional approval for the entrances.

Chairman Morris asked for comments from the audience.

Mark Connor, being duly sworn, asked if the underground gas tanks had already been removed.  Mr. Davis stated that if they are still there and will need to meet current standards.  Mr. Connor asked if this location would have a liquor license.  Mr. Davis said for beer and wine only. Mr. Connor stated with the two entrances he will seek to move his driveway so screening could be safely provided. 

After a review of the plans and a brief discussion, Ms. Brown made a motion to grant preliminary approval for a 2,400 square foot, one-story convenience store with fuel services citing:

o        The existing building will be demolished so the new building can be constructed.

o        The Kent Soil and Water Conservation District must approve stormwater management and sediment control plans.

o        Final forest conservation plans must be submitted for approval by staff and the Planning Commission.

o        Front, side and rear elevations of the building and canopy design must submitted and approved by the Planning Commission.

o        The County Commissioners must accept sureties for all required infrastructure including sediment control, stormwater management and landscaping/forest conservation.

o        The side facing Route 20 must have architectural detail shown on the three visible sides.

o        The property is zoned Crossroads Commercial.

o        20% afforestation will be required.

o        There are no sensitive species on site.

o        Parking will be provided in the rear.

o        13 parking spaces with a handicapped space and bike rack will be provided.

o        Show lighting height and style.  Lighting must be dark sky compatible.

o        Fuel canopy lighting must be recessed.

o        Fuel island should be moved further south to hide it behind the building.

o        A landscaped screen is to be provided between the property and the adjacent farm.

o        Additional screening may be needed for the dumpster area.

o        Can the mechanical equipment be located with the dumpster?

o        This proposal is consistent with the Comprehensive Plan and the Land Use Ordinance.

o        The highway will be able to handle the traffic.

o        The Health Department must approve all plans.

The motion was seconded and approved unanimously.

Our Home in the Country, LLC / Diana Flakes – Special Exception – Diana Flakes, Our Home in the Country, LLC, requests a special exception to construct an assisted living facility at 25667 West Hill Road in Coleman.  The parcel is zoned Village and the surrounding area is characterized by single family residences.

Present and duly sworn was Diana Flakes.

Carla Gerber presented the staff report noting the applicable law which includes the Kent County Land Use Ordinance Article VII, Section 7.14 which permits as a special exception convalescent, nursing or group home for the aged with five or more beds and Article VI, Section 5.3.B which contains a list of objectives for the Planning Commission to consider when reviewing site plans. 

Staff noted that the application is consistent with the Comprehensive Plan and meets the definition of a convalescent home.  The Kent County Health Department has approved this application for 10 beds – five rooms with 2 people per room.  The facility should not change traffic patterns significantly because the residents will not have cars.  The facility should place reasonable demands on community facilities and will not impact the environment.  It is an appropriate use of the land and should not affect property values.  Bill Bickley, Interim Director of Emergency Management, has visited the site and is scheduling a meeting with the Betterton Fire Department to review some issues he has with access to the site. 

Staff recommends a favorable recommendation to the Board of Appeals for the special exception.  Before final site plan approval can be granted, the applicant needs to submit the additional information which has been requested, plus a letter of credit for the landscaping. 

There was no correspondence in this matter.

Ms. Flakes testified she would like to operate an Assisted Living Facility on this site.  Mr. Lancaster asked what type and how many staff will be living at the location.  Ms. Flakes stated there will be an onsite manager living in the house.  She showed a floor plan of the proposed house. 

Chairman Morris asked for audience comments.  Cathy Somerville and Pat Wigman were duly sworn.  Ms. Somerville testified that she would like to have a six foot privacy fence installed between her property and Ms. Flake’s property.  She is concerned that some of the residents will wander onto her property.  Ms. Wigman stated that she would be happy with some type of landscaping that would prevent the residents from wandering into her yard.  Other than the concern of the residents wandering into their yard, Ms. Somerville and Ms. Wigman had no objections to the project.

Ms. Flakes stated that most of the residents would be veterans that are able to basically take care of themselves.  They only need someone to cook, clean, do laundry and provide transportation for them. She said her facility would be inspected and regulated by the State.

After a discussion, Mr. Hickman made a motion to send a favorable recommendation to the Board of Appeals finding:

o        This will be a 10 bed facility with manager quarters.

o        This project is consistent with the Comprehensive Plan.

o        This project must conform with the provisions of County, State and Federal agencies.

o        The safety aspect of this project will be reviewed by the Director of Emergency Services and the Betterton Fire Department.

o        Parking will be provided on site and cannot be located in the front of the building.

o        There will be no more demands placed on infrastructure.

o        Minimum vegetation will be removed.  Adequate landscaping plan must be submitted providing adequate screening from neighboring properties.

o        Building setbacks must be enforced.

o        15% of the property must be landscaped.

o        Stormwater management and sediment control along with the floor plan will be submitted at preliminary review.

o        Outdoor lighting is to be dark sky compatible.

o        Outdoor recreational area should be provided for residents.

o        Letters of Credit must be provided for the landscaping.

The motion was seconded and approved unanimously.

The Planning Commission took a five minute break.

Zoning Text Amendment – Sassafras River Association – John Vail, on behalf of the Sassafras River Association, has submitted an application to amend Article V, Section 5.3 (Special Exceptions in the Critical Area Residential District) of the Kent County Land Use Ordinance by addition #23 – “Offices or other headquarters for nonprofit environmental or preservation organizations.”  Conditions which should be included in an amendment to Article VII, Section 7 include the following:

1.        The organization must be actively pursuing its restoration, preservation or relation educational activities in Kent County.

2.        The exception may be applied only to an existing structure.

3.        The office may have one (1) accessory apartment.

Ms. Owings reviewed the staff report noting the applicable law including Article XII, Section 6 of the Kent County Land Use Ordinance which establishes the standards for the review and approval of a zoning text amendment.  Ms. Owings also reviewed applicable section of the Comprehensive Plan.

Staff noted that Kent County is lucky to have many nonprofit organizations dedicated to the preservation and conservation of the County’s character and environment.  Many of these organizations operate out of a member’s home.  However, as the organization becomes more successful and begins to hire a small staff, additional and more visible space is required.  These organizations serve as partners to the county in implementing many of the goals and objectives found in the Comprehensive Plan. Finding headquarters for these organizations is becoming increasingly difficult.  Although as the organization grows and hires staff, it may operate in a manner similar to a home occupation or cottage industry but does not meet the definition of this type of business.  Cottage industries and private clubs are examples of similar uses permitted as special exceptions in the Critical Area Residential District.  Staff believes that the need for flexibility in locating headquarters for these important organizations in the County represents a public need for the text amendment.  The text amendment complies with the Comprehensive Plan in that the plan throughout the Environmental and Cultural / Historic Preservation Section discusses the need to collaborate with nonprofit organizations to reach stated goals.

Staff recommends approval of the application with the following amendments:

o        Add Article VII, Section 6 – Procedures “Offices or other headquarters for nonprofit environmental or preservation organizations” as #23½ of the uses that shall be reviewed by the Planning Commission for a recommendation to be sent to the Board of Appeals.

o        Add to Article VII, Section 7 (Special Exceptions) – #32½. Offices or other headquarters for nonprofit environmental or preservation organizations in CAR Provided:

1.        The organization must be actively pursuing its restoration, preservation or related educational activities in Kent County.

2.        The organization must be a 501©3.

3.        The use will occur in an existing structure.

4.        The office may have one (1) accessory apartment.

5.        The office or headquarters does not create an unacceptable environmental impact by way of noise, odor, noxious materials or other nuisances.

6.        The office or headquarters does not generate traffic of a type or amount inappropriate for all access roads and the surrounding area.  It does not require road improvements detrimental to the character of the area.

7.        Adequate landscaping shall be provided to screen parking areas from adjacent residential Properties.

There was no correspondence in this matter.

Present and duly sworn was John Burke, Sassafras River Association.

Mr. Burke stated that the Sassafras River Association would like the text amendment so that they could operate from a building that is along Route 213.  This location would provide the Association with more visibility and assist them to further preserve the Sassafras River.

Ms. Owings reminded the members that this Zoning Text Amendment would apply to all structures and any non-profit organization that fit this definition not only the current applicant.

Chairman Morris stated that she is employed by a non-profit organization, however, that will not be a conflict of interest for her.

Mr. Hickman stated that potential number of organizations applying for a headquarters has the potential to become overwhelming.  Mr. Hickman said he is concerned that all waterfront properties will want to do this.  He said this one fits however other groups may not fit into the waterfront.  He said a line has to be drawn somewhere and he wants to make sure it is for a local based organization.  Ms. Owings said they must be actively pursuing the restoration, preservation or activity in Kent County.  Ms. Brown said it could be limited even further by saying that it fronts on a primary road.  She stated that it would then put offices on roads that make sense. 

There were no comments from the audience.

After a lengthy discussion, Ms. Brown made a motion to recommend approval of the text amendment provided it is amended as follows:

o        Delete references to “other headquarters” so that the amendment to Article V, Section 5.3 would read #13½. Offices for nonprofit environmental or preservation organizations

o        Add Article VII, Section 6 – Procedures - #23.5. Offices for nonprofit environmental or preservation organizations to the list of uses reviewed by the Planning Commission before submittal to the Board of Appeals

o        Add to Article VII, Section 7 (Special Exceptions) - #32.5. Offices for nonprofit environmental or preservation organizations in CAR provided:

a.       The organization must be actively pursuing its restoration, preservation, or related educational activities in Kent County.

b.       The organization must be a 501©3.

c.       The use will occur in an existing structure, fronting on a primary road.

d.       The office does not create an unacceptable environmental impact by way of noise, odor, noxious materials, or other nuisances.

e.       The office does not generate traffic of a type or amount inappropriate for all access roads and the surrounding area.  It does not require road improvements detrimental to the character of the area.

f.        Adequate landscaping shall be provided to screen parking areas from adjacent residential properties. 

The Planning Commission based its decision on the following:

o        The application is consistent with the goals and objectives of the Comprehensive Plan. 

o        Kent County is lucky to have many nonprofit organizations dedicated to the preservation and conservation of the County’s character and environment.  Cottage industries and private clubs are similar uses currently listed as special exceptions in the Critical Area Residential District.  However, offices for nonprofit organizations do not meet the definition of these uses. Suitable office space is needed for organizations that serve the county.  This represents a public need for the text amendment. 

The motion was seconded and approved unanimously.

Zoning Text Amendment – Matapeake Partners, LLC – Transient or Vacation Use in the Marine District – Byrne Murphy, representing Matapeake Partners, LLC, has submitted an application to amend Article V, Section 13.2 of the Kent County Land Use Ordinance (Marine District Permitted Uses) by adding the following new permitted use: “12. One or more buildings, owned, co-owned, or operated by a corporation, association, person or persons for transient or vacation use, by the day, week or month, or on another reserved time basis.”  

Ms. Owings presented the staff report noting the history and applicable law which includes the Kent County Land Use Ordinance Article XII, Section 6 that establishes the standards for the review and approval of a zoning text amendment.  The Comprehensive Plan states “Well paying jobs are scarce in Kent County.  Well over half of the new jobs created in Kent County since 1985 have occurred in the lowest paying segments of the economy, services and retail trade.  The economy has transitioned from one based on manufacturing and the natural resources based industries to one based on service providing industries.  In 2004, Kent County had the fifth largest increase in jobs in the State.”  “Expand and provide more diversity in the size, number and type of business in the County.”

Staff noted that in her opinion the proposed text amendment is so vague that most any type of accommodation or rental agreement would apply.  However, the Planning Commission may wish to discuss if a public need exists for lodging in the Marine District.  If so, which of the current categories are appropriate to the district or is another category necessary.  The Commission should also discuss if the lodging should be a permitted use or special exception and what conditions would apply keeping in mind that a text amendment applies to all property in the Marine District not just the project proposed by the applicant.

There was no correspondence in this matter.

Present and duly sworn was Byrne Murphy, applicant.  Dan Saunders, Council for the applicant was also present.

Mr. Saunders testified that Mr. Murphy has developed a number of businesses and wants to do a mixed residential community development in the Marine District.  He is looking at the possibility of purchasing Green Point Marina.  Mr. Murphy has looked at the Country Inn and Hotel/Motel provision; however, there is no common development scheme that fits his need.  He would like to construct small villas scattered around the property or possibly single buildings or clustered buildings.  He said some may view the language of this request as vague, however, they see it as flexible.  He stated that other marina owners would like to have this option.  A lot of people want to come here to play with their boats but they need a place to stay.  These facilities are expensive and there has to be flexibility so owners can attract business. 

Mr. Murphy stated he grew up on the Chesapeake Bay and has lived in Europe for the past 15 years.  He wants to come back home.  He said he would like to create a facility that would allow people to come to Kent County and then go home.  He said this would promote tourism, agriculture and the maritime industry in Kent County.

Chairman Morris asked for audience comment.  Present and duly sworn was Raymond Clark.  Mr. Clark stated he thinks this is a great idea.  He said different marinas do different things.  There are a lot of contractors in the area that will come to your boat to make repairs.

Also present and duly sworn was Jack Steinmetz, Director of Economic Development.  He said he thinks this is good and there should be a way to make this work.

After a discussion, Ms. Brown made a motion to table this application and hold a special meeting to discuss this proposal due to the fact that the language of this text amendment is too vague.  This is an attractive concept; however, the Planning Commission would like to look at the possible economic effect on the County before making a decision. 

The motion was seconded and approved unanimously.

It was decided to hold a public workshop on April 22, 2008, at 7:30 p.m. in the second floor conference room at 400 High Street, Chestertown, MD.

Staff Reports:

Amy Moredock:

o        The living shoreline project is currently being constructed at Turner’s Creek in Kennedyville. The project also includes a buffer planting, a rain garden, a rain barrel, and educational signage.  The buffer planting will occur at 10 am on May 3 and everyone is invited to assist.      

o        The TMDL Committee is completing the draft report. 

o        To date, seven nitrogen removal systems have been installed using Bay Restoration Funding.

Carla Gerber:

o        The amendment to Agriculture Preservation Ordinance won’t be done for this spring; therefore, easement applications will be taken from anybody.

o        She mailed the census address list today.

Gail Owings:

o        Drayton Manor growth allocation was appealed to the Circuit Court.  The Kent County Circuit Court upheld the decision.  This decision has been appealed to the Court of Special Appeals.  The Critical Area Commission has not made a decision on the granting of growth allocation. MDE approved the drip allocation for Drayton Manor. The County Commissioners sent a letter to the Critical Area Commission asking that they resume the Drayton Manor review.

o        The Kent County Water and Sewer Plan is being updated.  This update will address the technical analysis required for the Water Resources Element.  The County held a kickoff meeting on March 20, 2008.

o        She informed the group that Randall Arendt left his slides, and she would like to show them to the members of the Planning Commission who were unable to attend his presentation.

o        MDE has issued a permit to Ed Schaffer to spread sewage sludge on his property on Bay Shore Road near Georgetown.  The County Commissioners have asked that the permit include the language “must respect County regulations and must obtain Board of Appeals approval.”

 

There being no further business the meeting was adjourned at 6:45 p.m.

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 Elizabeth H. Morris, Chairman

 

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Kim Dixon, Clerk